Why this matters now
Writs are a Prelims certainty — knowing what each writ does and the Article 32 vs 226 distinction. They are the practical mechanism by which Fundamental Rights and the rule of law are enforced.
Article 32 vs Article 226
| Article 32 (Supreme Court) | Article 226 (High Courts) |
|---|---|
| Only for enforcement of Fundamental Rights | For Fundamental Rights and other legal rights — wider scope |
| A Fundamental Right itself (the “heart and soul”) | A constitutional power, not a fundamental right |
| Cannot be suspended except during emergency (as permitted) | Available even when SC remedy is not invoked |
The five writs
| Writ | Meaning & use |
|---|---|
| Habeas Corpus | “To have the body” — to produce a detained person before the court; protects against unlawful detention. Can be issued against both public authorities and private individuals. |
| Mandamus | “We command” — directs a public authority to perform a duty it has failed to perform. Not against a private person, the President/Governor, or for discretionary duties. |
| Prohibition | Issued by a higher court to a lower court/tribunal to stop exceeding its jurisdiction (prevents — issued before the order). |
| Certiorari | “To be certified” — to quash an order of a lower court/tribunal made without jurisdiction or against law (curative — after the order). |
| Quo Warranto | “By what authority” — questions the legality of a person’s claim to a public office. |
Key distinctions to remember
- Habeas Corpus — the only writ that can be issued against a private person;
- Prohibition vs Certiorari — Prohibition prevents (during proceedings), Certiorari quashes (after the decision);
- Mandamus and Quo Warranto apply to public authorities/offices, not private matters.
UPSC angle
Master the five writs and the Article 32 vs 226 distinction (32 = FR only & is itself a FR; 226 = wider). Remember Habeas Corpus can run against private persons; Prohibition prevents, Certiorari quashes.
Frequently asked questions
What are the five writs?
Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.
What is the difference between Article 32 and Article 226?
Article 32 allows the Supreme Court to issue writs only for enforcing Fundamental Rights and is itself a Fundamental Right; Article 226 lets High Courts issue writs for Fundamental Rights and other legal rights — a wider scope.
What is the difference between Prohibition and Certiorari?
Prohibition is issued during proceedings to stop a lower court exceeding its jurisdiction; Certiorari is issued after a decision to quash it.
Which writ can be issued against a private individual?
Habeas Corpus — it can be issued against both public authorities and private persons in cases of unlawful detention.